People v. Superior Court (Brodie)
California Court of Appeal
1Opinion of the Court
Opinion
FILES, P. J.
In this opinion we discuss the interpretation of Penal Code section 190.2, subdivision (b) (4), prescribing the death penalty where “The defendant has in this or in any prior proceeding been convicted of more than one offense of murder of the first or second degree.” Before reaching that issue it is necessary to determine whether the superior court’s pretrial ruling adverse to the People is reviewable by appeal or by prerogative writ.
By information, Terry James Brodie was charged in count I with the murder of Thomas, and in count II with the murder of Luckey. Each count…
2Cases cited10 opinions
- Serfass v. United StatesSupreme Court of the United States · 1975
- People v. BurkeCalifornia Supreme Court · 1956
- People v. ValentiCalifornia Supreme Court · 1957
- People v. Superior CourtCalifornia Supreme Court · 1968
- Morse v. Municipal CourtCalifornia Supreme Court · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. MasonCalifornia Supreme Court · 1991
- People v. Superior CourtCalifornia Supreme Court · 1982
- People v. EspinozaCalifornia Court of Appeal · 1979
- People v. Superior Court (Duran)California Court of Appeal · 1978
- People v. Municipal Court (Kong)California Court of Appeal · 1981
17 more not listed; retrieve them via the Exa API.